According to Andrus’ official findings, Shaham had been seen on the Louie Road Interstate 5 overpass at approximately 10 a.m. on that day, and his behavior had been cause for concern for a number of passersby.

Passing motorists had reportedly witnessed Shaham pacing around the overpass and climbing onto the railing. One witness called 911 to report Shaham’s behavior, and others told investigators that they suspected Shaham was contemplating suicide, the report states.

It goes on to state that Shadwell had been in the process of impounding a vehicle when an elderly couple pulled up to tell him that a man was acting strangely on the Louie Road overpass, which was later confirmed by the tow truck driver assisting with the impoundment.

“At 10:01 a.m. Officer Shadwell informed dispatch that he would not be able to respond immediately,” the report states. “The dispatcher replied that a motorist had reported the person standing on the rail over the interstate. Officer Shadwell decided that the Louie Road call was more serious than he originally thought.”

Andrus details what reportedly happened after Shadwell arrived at Shaham’s location, with the officer asking if Shaham was OK and whether he was feeling suicidal. Shaham indicated that he was fine, and Shadwell returned to his car at 10:06 a.m., Andrus states.

Shadwell backed away from Shaham’s car and started to read the comments of the person who had called 911. He decided to reinitiate contact to ask Shaham why he had been climbing on the overpass rail, the report states.

Shaham was in his car when Shadwell approached from the passenger side, and Shadwell reported that Shaham was holding a folding knife and was opening and closing the blade.

Shadwell reportedly told Shaham to put the knife away, but Shaham exited the vehicle with the knife in his hand, Andrus states. Shadwell drew his pistol, retreating back toward his patrol car, and continued to tell Shaham to stop and drop the knife.

The report describes what happened next: “Shaham did not obey the officer’s commands. Instead he deliberately closed the distance between himself and Officer Shadwell while still opening and closing the knife in his right hand. In doing so he was walking with side-steps that served to keep the front of his body oriented squarely toward Officer Shadwell. Shaham was moving toward the rear of his vehicle and toward Officer Shadwell-who continued to yell commands at Shaham. When Shaham had cleared the end of this own car there was no barrier between them. At this moment, approximately 13 seconds after exiting his own vehicle, Shaham was looking directly at Officer Shadwell with the knife in his right hand extended out in front of his body with his right arm at just over a 90 degree angle. Approximately 12 feet separated Officer Shadwell and Mr. Shaham.

“At approximately 10:13 a.m. Officer Shadwell discharged his firearm 4 times. The first two shots hit Shaham in the chest. The next two shots struck Shaham’s right thigh and left lower back.

In the report, Andrus describes the various laws under which a review of the shooting was conducted, including California Penal Code 835a, which allows officers to use “reasonable force to make an arrest and to overcome resistance by a person for whom he had reasonable cause to believe had committed a public offense.”

Andrus notes that police officers are afforded statutory authority to use deadly force under California Penal Code 196, and further notes that the right to defend oneself or others – up to and including with lethal force – is codified in California Penal Code 197.

He states that he believes the evidence does not support bringing criminal charges against Shadwell, noting Shaham’s continued advance with a knife in hand toward the officer.

“According to his statement, Officer Shadwell knew that it would take ‘no time’ for Shaham to get to him from that distance,” the report states. “He believed and was afraid that Shaham was going to try to kill him. He discharged his firearm to stop that threat.”

Andrus postulates that Shaham’s actions were purposeful as a means to commit suicide, due in part to previous attempts to end his life, his actions leading to the encounter, and his diagnosed mental illness – schizoaffective disorder, according to a July 25 Sacramento Bee article.

While there will be no criminal charges as a result of the shooting, it is the focus of a wrongful death suit filed by Shaham’s mother, Denise Smart.

The Sacramento Bee article states that the lawuit explains that Shaham had not committed a crime and states that he would have been “shy, submissive and uncomfortable with a law enforcement officer using command presence and communications.”

The article notes that the suit is alleging that Shaham’s constitional rights were violated and that Smart is seeking damages to that effect, as well as for pain and suffering. A hearing is scheduled in September on the state’s motion to dismiss portions of the lawsuit, the article states.

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